03-94 RAT~ BF~ACH ~ DE£RFIELD BEACH
Published I)aily -
Monday through Sunday
Boca l~aton. Palm Beach County. Florida
I)elray Beach. Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally
appeared Michelle Bernzweig. Marketing
Services Manager of The News, daffy news-
papers published in Boca Raton in Palm
Beach County, Florida; that the attached
newspapers in the issues of: ~ m~i~g ~ich is ~ ~ t~ C0~
Affiant further says that The News is a AN ORDINANCEOFTHECITYCOM-
newspaper published in Boca Raton. in said .~c.. ~o~,~ ~.~,.~ ~.
day MENTS AND SPECIAL ASSES~
Palm Beach County, Florida. Men ~.rs~ o; ,,~ ~.~
MENT REGULATIONS F THE CiTY
t~ough Sunday. and has been entered as o~ ~.~. ~c.. ~o.,~.
~ENDING SECTION
second class matter at the post office in '~u. HoR,.. '0 ~
Boca Baton. Palm Beach County. Florida. ~0v,~ ~oR s~,~ ~sSE~
for a period of one year next preceding the ~.~s~,.~. ~E~,~
f~st publication of the attached copy of T,o. 0R RECONSTRUCTIOH;
AMENDING SECTr~ 8.4.4,
advertisement; and affiant further says that ~u~,O.~u,~..0 0~v,~.~c~ss,.~o~ ,.~ ~'
he has neither paid nor promised any ~,.0 ~.~ s,.~
person, f~m or corporation any discount, ~.~ s~.~ coNs.~.,o, on
rebate, commission or refund for the put- ~v,~ c~us~, A ~.ER,~ ~-
pose of securing this advertisement for pub-
lication in said newspapers. ~ ~ ~ ~' ' ~
~, ~ ~ ~is p~ ~h
Sworn to and subscribed before me this c,~ o~ ~.,~c.
~ ~ ~¢ THE PUBLISH: Janua~ ~, 1~4 NEWS
£1TY OF DI I. RI Y BI AgH
100 N.W. !s~ AVENUE DELRAY BEACH, FLORIDA 33444 407 243.7000
CITY CLER-K'S OFFICE
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THE E~FORT ALWAYS MATTERS
A PUBLIC HEARING will be Rel¢l on
lhe following pro~ Ordinance~ at.
7:00 P.M., (or at an'/ c~onlirmation ot
such meeting which is ~ by the Com-
mission), on Tuesda'/, February ~,
:bors, 1~0 N.W. 1St Avenue, De!ray
Beach, at wNch time the City C~mmis-
siof~ will Coflsid~ fl~lf' a~flofl. The
pl'O~ o4~linaflces ma'/be insPeCted
at the Office of ~e Ci1y Clm'k at the
City Hall, IQ0 N,W. 1st k'~l~i Dtlray
Beach, Florida, from li~0 AS. to 5:~)
P,M,,/Vl~ly lflrogp :Frey~ except
spect to the prep~d Ordinances. ~
AFl ORDINANCE OF THE CiTY CO~
AAtSSlO, OF. THE C~T¥ OF DELR~Y
EEACHi ~.L~IDA, AMENDING
TICLE s.4 ' 'PUBLIC IMPROVE.
MENTS ANO SPECIAL ASSESS-
MENTS', OF THE LAND DEVELOP.
MENT REGULATIONS F THE CITy
OF DELRAY BEACH, FLORI. DA, BY
AMENDING SECTION [4.1,
"AUTHORITYTO MAKE SPECIAL
~SSESSMENTS; EXCEPTIONS", TO
LANDSCAP~G DREDGING OF CA-,
rIALS AND' SEAWALL COI~TRUC-
~ TIOfl OR RECONSTRUCTION;
AMENOING SECTION 8.4.4,
~'RESOLUTiON OF NECESSITY RE-
QLItRED"~ TO PROVIDE FOR THE
INCLUS~O# OF THE COST OF LAND-
SCAPING AND STREET LIGHTING
WITH SIDEWALK COhSTRUCTION
AND SEAWALL CONSTRUCTION OR
RECONSTRUCTION; PROVIDING A
SAVING CLAUSE, A GENERAL
PEALER CLAUSE, ANO AN ~FFEC-
TIVE DATE.
P~ea~ be at,vised t~t if a ;person pr
~ persor, s becibes to a~al any decis;~m
macl~ ~ 1he City Commissi~ wit~
si)ed ~ any mo~r consi4e~e~ at m~
muetil~l ar I~e~rlng~ such per~{S)
will need a record of the~e proceed-
I ~ inns, ar~ far this p~ such per.
I see(S) mey n~d to ensure that a ver-
I bet~m~ r~' tbe, testlm~¥
:1 and evident ,u~ ~nictt the ~ppeal is
I to be besed. The City does not provide
/or prepare such record. Pursuent to
/ F.~. 2a6.0~05.
~1 ' C,TY OF O~LRAY BEACH
II Alison MacGr~g~
L
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed
Ordinances at 7:00 P.M., (or at any continuation of such meeting
which is set by the Commission), on Tuesday, February 8, 1994, in
the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach,
at which time the City Commission will consider their adoption.
The proposed Ordinances may be inspected at the Office of the
City Clerk at the City Hall, 100 N.W. 1st Avenue, Delray Beach,
from 8:00 A.M. to 5:00 P.M., Monday through Friday, except
holidays. All interested parties are invited to attend and be
heard with respect to the proposed Ordinances.
ORDINANCE NO. 3-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ARTICLE 8.4, "PUBLIC IMPROVEMENTS AND SPECIAL
ASSESSMENTS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 8.4.1, "AUTHORITY TO
MAKE SPECIAL ASSESSMENTS; EXCEPTIONS", TO PROVIDE FOR SPECIAL
ASSESSMENTS FOR STREET LIGHTING, LANDSCAPING, DREDGING OF CANALS
AND SEAWALL CONSTRUCTION OR RECONSTRUCTION; AMENDING SECTION
8.4.4, "RESOLUTION OF NECESSITY REQUIRED", TO PROVIDE FOR THE
INCLUSION OF THE COST OF LANDSCAPING AND STREET LIGHTING WITH
SIDEWALK CONSTRUCTION AND SEAWALL CONSTRUCTION OR RECONSTRUCTION;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide or
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
January 28, 1994 Alison MacGregor Harty
City Clerk
ORDINANCE NO. 3-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 8.4, "PUBLIC
IMPROVEMENTS AND SPECIAL ASSESSMENTS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 8.4.1, "AUTHORITY TO MAKE
SPECIAL ASSESSMENTS; EXCEPTIONS", TO PROVIDE FOR
SPECIAL ASSESSMENTS FOR STREET LIGHTING, LANDSCAPING,
DREDGING OF CANALS AND SEAWALL CONSTRUCTION OR
RECONSTRUCTION; AMENDING SECTION 8.4.4, "RESOLUTION OF
NECESSITY REQUIRED", TO PROVIDE FOR THE INCLUSION OF
THE COST OF LANDSCAPING AND STREET LIGHTING WITH
SIDEWALK CONSTRUCTION AND SEAWALL CONSTRUCTION OR
RECONSTRUCTION; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, desires to amend Article 8.4 of the Land Development
Regulations of the City of Delray Beach in order to grant authority to
the City Commission to impose special .assessments for the purposes of
installing street lighting and landscaping; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, desires to amend Article 8.4 of the Land Development
Regulations of the City of Delray Beach in order to grant the City
Commission the authority to impose special assessments for canal
dredging; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, desires to amend Article 8.4 of the Land Development
Regulations of the City of Delray Beach in order to grant the
authority to impose special assessments for seawall construction or
reconstruction; and
WHEREAS, neighborhoods within the City have expressed their
desire to install new sidewalks, street lighting, associated
landscaping, and road improvements as part of a special assessment;
and
WHEREAS, the City Commission recognizes that there are
canals within the City of Delray Beach which are becoming filled with
silt and/or in need of dredging in order to assure the continuous flow
of water craft; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, recognized the importance of providing for a method by which
neighboring property owners can pay for the above-named improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 8.4, "Public Improvements and
Special Assessments", Section 8.4.1, "Authority to Make Special
Assessments; Exceptions", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(A) The City Commission is authorized and empowered, in the
manner herein provided, to cause any and all streets, highways,
boulevards, avenues, lanes, alleys, and parks or any part
thereof, to be graded, paved, repaved, surfaced, or resurfaced,
and to cause curbs and gutters to be constructed therein, and to
install associated street lighting and landscaping, and sanitary
sewers, storm sewers, sewers, and drains.r and to cause seawalls
to be constructed or reconstructed and to cause canals or other
waterways to be laid and constructed, and dredged, and to provide
for the payment of the whole or any part of the cost thereof by
levying and collecting special assessments upon abutting,
adjoining and contiguous or other specially benefited property.
The amount assessed against the property benefited by these
improvements shall not exceed the estimated benefits accruing to
that property by reason of these public improvements.
Section 2. That Article 8.4, "Public Improvements and
Special Assessments", Section 8.4.4, "Resolution of Necessity
Required", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
Section 8.4.4 Resolution of Necessity Required: When the
Commission shall determine to make a public improvement, then it
shall so declare by resolution, stating the necessity for and the
nature of the proposed improvements; and what part or portion of
the expenses thereof shall be paid by special assessment. The
resolution shall also state the total estimated cost of the
proposed improvement; the method of payment of assessments, and
the number of annual installments.
(A) Scope and Contents of Resolution:
(1) The resolution aforesaid may embrace improvements
of like character upon or in more than one highway, and these
improvements need not be continuous, but no improvements, except
- 2 - Ord. No. 3-94
the laying of storm sewers, canals or other open waterways~ shall
~ embraced in any single resolution except such improvements as
are practically uniform in character and cost throughout the
length of the stree~ or streets or part or parts thereof to be so
improved; but no street, sidewalk, street lighting~ landscaping,
seawall~ sewer or storm sewer, canal or other open waterway
improvement shall be joined in any single resolution with any
other of the £~/~I~/~f proposed improvement. If the resolution
is for storm sewer improvement, or canal or other open water
improvement, it shall designate the boundaries of the district
comprising the property which the Commission deems will be
specially benefited by the improvement.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the.same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 8th day of February , 1994.
ATTEST:
~itY Cl~rk ....
First Reading January 25, 1994
Second Reading February 8, 1994
- 3 - Ord. No. 3-94
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: ~ENDA ITEM ~ [O. ~. - MEETING OF FEBRUARY 8. 1994
ORDINANCE $-94 AMENDING LDR ARTICLE 8.4 - SPECIAL
DATE: FEBRUARY 4, 1994
Ordinance 3-94 revises Article 8.4, "Public Improvements and
Special Assessments" of the City's Land Development Regulations.
The revisions will permit the City to enact special assessments
for the installation of street lighting, landscaping, seawall
construction or reconstruction, and canal dredging.
Special assessments like these are authorized pursuant to state
statute; however, the City's codes provide for a simpler
procedure. The existing City code does not cover special
assessments for the above purposes. In order to process the
Banker's Row special assessment, this revision is necessary.
The inclusion of "canal dredging" and "seawall construction or
reconstruction" is also requested in the event the City needs to
complete such work in the future.
Recommend approval of Ordinance No. 3-94 on second and final
reading.
[lTV OF DELRrI¥ BEIIgH
CITY ATTORNEY'S OFFICE
I:':\CS I MI LE 4(}7/278-4755
(407) 243-7090
MEMORANDUM
Date: February 1, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorne~~
Subject: Method for Imposing Special Assessments
At the last Commission meeting, a question was raised regarding
the Commission's ability to specially assess improvements. The
City Commission has the authority to initiate public improve-
ments at its discretion and impose special assessments for
those improvements. The City Commission may also initiate
public improvements when the owners of a majority of the
frontage of land liable to be assessed, petition the
Commission.
At this time, the City Commission may authorize improvements
for sidewalks, sewers, storm sewers, street paving, curbing and
grading of streets, and canal improvements. Florida Statutes
Chapter 170 also authorizes the same types of improvements, as
well as improvements for parking garages, mass transportation
systems, and public recreation facilities.
Proposed Ordinance No. 3-94 provides for the inclusion of
additional types of improvements, including off-street parking,
landscaping, street lighting and canal dredging . Passage of
the ordinance will allow the City to enact special assessments
for all of these improvements if the requisite need is shown to
exist.
Please call if you have any questions.
DNT: s h
cc: David Harden, City Manager
Susan Ruby, City Attorney
City Clerk
special, dnt
Ch. 170 SUPPLEMENTAL METHOD OF MAKING LOCAL IMPROVEMENTS F.S. 1993 F.S. 1993
CHAPTER 170 (c)
SUPPLEMENTAL AND ALTERNATIVE METHOD OF MAKING LOCAL MUNICIPAL or any co~
IMPROVEMENTS managen
such dist
170.01 Authority for providing improvements and levy- walks; and in connection with any of the foregoing, pro- not auth(
ing and collecting special assessments vide related li~ig_hting,, landscaping, ~reet fur_oiture, sit fund cng,
against property benefited, a~, and otfier amenities as determined bY the go~rn- Ulsto~.--s
170.02 Method of prorating special assessments, lng authority of the municipality; ch. 78-3e0: s
170.03 Resolution required to declare special assess- (b) Order the construction, reconstruction, repair,
merits, renovation, excavation, grading, stabilization, and 17'0.02
170.04 Plans and specifications, with estimated cost of upgrading of.~,q~_enbelts, swales culverts sanita~w?
..... . ' ~- -, Special a
proposed improvement required before P..,_r~, storm sewers, out-'~lls, ca?_&0_a~, pnmary, secondaCy,
benefited
adoption of resolution, and tertiary dr~i-ns, ~ bo ~ed~s, marshlands, and natu-
170.05 Publication of resolution, ral areas, all or part orf~ensive stormwater man- 170.01, s
170.06 Preliminary assessment roll. agement system, including the necessary appurte- benefited
170.07 Publication of preliminary assessment roll. nances and structures thereto and including, but not fits to be
170.08 Final consideration of special assessments; limited to, dams, weirs, and pumps; determine
equalizing board to hear complaints and (c) Order the construction or reconstruction of water of the res
adjust assessments; rebate of difference in _r~s, water laterals, and other water distribution fa~f- improvenr
cost and assessment, ties, including the necessary appurtenances thereto; body of t~
170.09 Priority of lien; interest; and method of pay- (d) Provide for the construction or reconstruction of Hlstory.--s
merit. .¢_..¢dcs and other public recreational facilities and 170,03
170.10 Legal proceedings instituted upon failure of improvements, including appurtenances thereto;
property owner to pay special assessment or (e) Provide for the construction or reconstruction of assassin,
interest when due; foreclosure; service of seawalls; municipal
(f~---) Provide for the d~ainage and reclamation of wet, ment autl
process. Iow, or overflowed lands; .......... any part c
170.11 Bonds may be issued to an amount not said govE
exceeding the amount of liens assessed for (g) Provide for offstree~s, parking
garages, or similar fa'-cilities; stating th
the cost of improvements to be paid by spe- hating th
cial assessment. (h) Provide for ~ss tran_~portatieP,-systems;
(i) Provide for ~tth~.s_sa_ge improved
170.14 Governing authority of municipality required to and naviqation of watercrafJ~and '- sewers,
make new assessments until valid assess-
ment is made if special assessment is omit- (j) Provide for the payment of all or any part of the water late
costs of any such improvements by levying and collect- location o
ted or held invalid, lng special assessments on the abutting, adjoining, con- seawalls,
170.15 Expenditures for improvements, tiguous, or other specially benefited property, location c
170.16 Assessment roll sufficient evidence of assess- .nationally
ment and other proceedings of this chapter; However, offstreet parking facilities, parking garages, or
and the p
variance not material unless party objecting other similar facilities and mass transportation systems by speci~
materially injured thereby, must be approved by vote of a majority of the affected
170.17 Denomination of bonds; interest; place of pay- property owners. Any municipality which is legally obli- assessmE
are to be
merit; form; signatures; coupons; and deliv- gated for providing capital improvements for water or
ery. sewer facilities within an unincorporated area of the .be paid ·
170.18 Notice required where no newspaper is pub- county may recover the costs of the capital mprove- nunicipal
lished in county in which municipality is situ- merits by levying and collecting special assessments for upc
ated. the purposes authorized in this section on the and
170.19 Construction and authority of chapter, benefited property; however, collections of the
170.20 Bonds negotiable, assessment shall not take place until the specially bene- .!iguous o
170.21 Provisions of chapter.supplemental additional, fited property connects to the capital improvement.
and alternabve procedure. (2) Special assessments may be levied only for the by
purposes enumerated in this section and shall be levied res¢
17'0.01 Authority for providing improvements and only on benefited real property at a rate of assessment iml
levying and collecting special assessments against based on the special benefit accruing to such
property benefited.-- from such improvements when the improvemen
(1) Any municipality of this state may, by its govern- funded by the special assessment provide a
lng authority: which is different in type or degree from benefits
(a) Provide for the construction, reconstruction, vided to the community as a whole.
repair, paving, repaying, hard surfacing, rehard surfac- (3) Any municipality, subject to the approval a.~
lng, widening, guttering, and draining of s_treets, boule- majority of the affected property owners, may levy sur
vards, and alleys; for grading, regrading, leveling, laying, collect special assessments against property of e
relaying, paving, repaving, hard surfacing, and rehard for the purpose of stabilizing and improving:
sudacing of sid__.ewalks; for constructing or reconstruct- (a) Retail business districts,
lng permanent pedestrian cano.~L~_s over public side- (b) Wholesale business districts, or
1224
ORDINANCE NO. 3-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 8.4, "PUBLIC
IMPROVEMENTS AND SPECIAL ASSESSMENTS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 8.4.1, "AUTHORITY TO MAKE
SPECIAL ASSESSMENTS; EXCEPTIONS", TO PROVIDE FOR
SPECIAL ASSESSMENTS FOR STREET LIGHTING, LANDSCAPING,
DREDGING OF CANALS AND SEAWALL CONSTRUCTION OR
RECONSTRUCTION; AMENDING SECTION 8.4.4, "RESOLUTION OF
NECESSITY REQUIRED", TO PROVIDE FOR THE INCLUSION OF
THE COST OF LANDSCAPING AND STREET LIGHTING WITH
SIDEWALK CONSTRUCTION AND SEAWALL CONSTRUCTION OR
RECONSTRUCTION; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECtiVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, desires to amend Article 8.4 of the Land DevelopmMnt
Regulations of the City of Delray Beach in order to grant authority to
the City Commission to impose special assessments for the purposes of
installing street lighting and landscaping; and
WHEREAS, the'City Commission of the City of Delray Beach,
Florida, desires to amend Article 8.4 of the Land Development
Regulations of the City of Delray Beach in order to grant the City
Commission the authority to impose special assessments for canal
dredging; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, desires to amend Article 8.4 of the Land Development
Regulations of the City of Delray Beach in order to grant the
authority to impose special assessments for seawall construction or
reconstruction; and
WHEREAS, neighborhoods within the City have expressed their
desire to install new sidewalks, street lighting, associated
landscaping, and road improvements as part of a special assessment;
and
WHEREAS, the City Commission recognizes that there are
canals within the City of Delray Beach which are becoming filled with
silt and/or in need of dredging in order to assure the continuous flow
of water craft; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, recognized the importance of providing for a method by which
neighboring property owners can pay for the above-named improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 8.4, "Public Improvements and
Special Assessments", Section 8.4.1, "Authority to Make Special
Assessments; Exceptions", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(A) The City Commission is authorized and empowered, in the
manner herein provided, to cause any and all streets, highways,
boulevards, avenues, lanes, alleys, and parks or any part
thereof, to be graded, paved, repaved, surfaced, or resurfaced,
and to cause curbs and gutters to be constructed therein, and to
install associated street lighting and landscaping, and sanitary
sewers, storm sewers, sewers, and . drains~ and to cause seawalls
to be constructed or reconstructed and to cause canals or other
waterways to be laid and constructed, and dredqed, and to provide
for the payment of the whole or any part of the cost thereof 'by
levying and collecting special assessments upon abutting, ·
adjoining and contiguous or other specially benefited property.
The amount assessed against the property benefited by these
improvements shall not exceed the estimated benefits accruing to
that property by reason of these public improvements.
Section 2. That Article 8.4, "Public Improvements and
Special Assessments", Section 8.4.4, "Resolution of Necessity
Required", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
Section 8.4.4 Resolution of Necessity Required: When the
Commission shall determine to make a public improvement, then it
shall so declare by resolution, stating the necessity for and the
nature of the proposed improvements; and what part or portion of
the expenses thereof shall be paid by special assessment. The
resolution shall also state the total estimated cost of the
proposed improvement; the method of payment of assessments, and
the number of annual installments.
(A) Scope and Contents of Resolution:
(1) The resolution aforesaid may embrace improvements
of like character upon or in more than one highway, and these
improvements need not be continuous, but no improvements, except
- 2 - Ord. No. 3-94
the laying of storm sewers, canals or other open waterways, shall
be embraced in any single resolution except such improvements as
are practically uniform in character and cost throughout the
length of the street or streets or part or parts thereof to be so
improved; but no street, sidewalk, street lighting, landscaping,
seawall, sewer or storm sewer, canal or other open waterway
improvement shall be joined in any single resolution with any
other of the f~/~I~/~f proposed improvement~. If the resolution
is for storm sewer improvement, or canal or other open water
improvement, it shall designate the boundaries of the district
comprising the property which the Commission deems will be
specially benefited by the improvement.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, s~h
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of .' , 1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 3-94